NOTICE TO ALL

CONSULTANTS & CONTRACTORS

March 23, 2021

GRAMA Protected Records

R33-7-107: Process for Submitting Proposals with
Protected Business Confidential Information

Division of Facilities Construction & Management

State Office Building
4315 S. 2700 W., FL 3
Taylorsville, Utah 84129-2128
 NOTICE TO CONSULTANTS & CONTRACTORS

The State of Utah - Division of Facilities Construction and Management is hereby giving notice to all
Consultants and Contractors the induction of Utah Administrative Code (UAC) Rule R23-1-707,
Process for Submitting Proposals with Protected Business Confidential Information, which reads as
follows:

EFFECTIVE FOR ALL SOLICITATIONS DATED APRIL 1ST, 2021 OR AFTER

(1) If an offeror submits a proposal that contains information claimed to be business confidential
or protected information, the offeror must submit two separate proposals:
(a) One redacted version for public release, with all protected business confidential
information either blacked-out or removed, clearly marked as "Redacted Version"; and
(b) One non-redacted version for evaluation purposes clearly marked as "Protected
Business Confidential."
(i) Pricing may not be classified as business confidential and will be considered
public information.
(ii) An entire proposal may not be designated as "PROTECTED", "CONFIDENTIAL" or
"PROPRIETARY" and shall be considered non-responsive unless the offeror removes
the designation.

Notice to Consultants & Contractors Schedule of Events

Please see the attached Schedule of Events for this notification.
Questions and Requests for Information
DFCM will hold a virtual Question and Answer session dedicated to addressing inquiries relating to
UAC Rule R23-1-707 via Google Meet at 10:00 AM on Tuesday, March 30th, 2021. All Consultants and
Contractors wishing to attend this call may do so via the following Google Meet link:
Google Meeting ID: meet.google.com/bkk-dtqd-wfs
Phone Numbers: (US) +1 862-244-5941
PIN: 859 049 021#
DFCM Claim of Business Confidentiality Form
DFCM now requires the attached Claim of Business Confidentiality Acknowledgement Form with all
proposals. This form must be submitted to DFCM with the proposal on the date and time listed on the
Project Schedule.
GRAMA Requests
If a GRAMA request is submitted that requires the State to release the offerors proposal to the public
and the offeror had chosen not to submit a redacted version of the proposal at the time their non-
redacted version was submitted, DFCM will not provide the offeror another opportunity to submit a
redacted version of the proposal and the non-redacted proposal will be released as required by law.

DFCM Notice to Consultants & Contractors, 3-23-2021

 NOTICE TO ALL CONSULTANTS & CONTRACTORS:
Proposals with Protected Business Confidential Information

SCHEDULE OF EVENTS
EVENT DATE TIME PLACE
NOTICE TO CONSULTANTS &
Tuesday, March 23, 2021 5:00 PM
CONTRACTORS POSTED ON U3P
Google Meeting ID:
meet.google.com/bkk-dtqd-wfs
OPTIONAL QUESTION & Phone Numbers:
Tuesday, March 30, 2021 10:00 AM
ANSWER GOOGLE MEET 1-862-244-5941
PIN:
859 049 021#
EFFECTIVE DATE OF NEW *ALL SOLICITATIONS DATED
Thursday, April 1, 2021
PROPOSAL REQUIREMENT* 4-1-2021 OR AFTER
NOTICE EXPIRATION ON U3P Wednesday, March 23, 2022 5:00 PM

DFCM Notice to Consultants & Contractors, 3-23-2021

 CLAIM OF BUSINESS CONFIDENTIALITY
ACKNOWLEDGEMENT
This Claim of Business Confidentiality Acknowledgement form must be
completed and submitted with your submitted documents.

Date:

FIRM INFORMATION
Firm Name: Contact Email:
Contact Name: Contact Phone:
DFCM PROJECT INFORMATION
Title of Project:
DFCM Project No.
U3P Event No.
PLEASE CHECK ONE:
Acknowledges we WILL NOT be submitting a redacted proposal for this project.

Acknowledges we WILL be submitting a redacted proposal for this project.*

______________________ ________________________________ _______________

Signature Name & Title Date of Signature

*An offeror may designate those portions of the proposal which contain trade secrets or other
confidential matters that the Governmental Records Access and Management Act (GRAMA)
would allow to be a protected record. Any disclosure of proposals or portions thereof shall be in
accordance with GRAMA and State law.
Pursuant to Utah Administrative Code (UAC) Rule R23-1-707: (1) If an offeror submits a
proposal that contains information claimed to be business confidential or protected information,
the offeror must submit two separate proposals.
(a) One redacted version for public release, with all protected business confidential
information either blacked-out or removed, clearly marked as “Redacted Version”, and
(b) One non-redacted version for evaluation purposes clearly marked as “Protected Business
Confidential.”
(i) Pricing may not be classified as business confidential and will be considered public
information.
(ii) An entire proposal may not be designated as “PROTECTED”, “CONFIDENTIAL” or
“PROPRIETARY” and shall be considered non-responsive unless the offferor removes the
designation.
In the event a GRAMA request requires the release of an offeror's proposal DFCM will NOT provide
a second opportunity for the offeror to submit a redacted proposal and will refer to the designation
on the Claim of Business Confidentiality Acknowledgement Form submitted with their proposal.
Failure to comply with this section releases the State from any obligation or liability arising from the
inadvertent release of confidential or proprietary firm information.

DFCM Claim of Business Confidentiality Acknowledgement Form, March 2021